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PETITIONER: STATE OF ANDHRA PRADESH

       Vs.

RESPONDENT: KORUKONDA SURYANARAYANA CHOWDARY

DATE OF JUDGMENT15/09/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCC  (6)  80        1995 SCALE  (5)462

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      With regard to the lands covered by the sale deed dated October  16,   1971,  pursuant   to  our   directions  dated 14.8.1995, the  respondent has  filed documents to establish that he  was under  compelling necessity to sell the land to discharge the  loans taken  from the  Andhra Bank  since the Bank was proceeding against his property for recovering dues payable to  the Bank. Therefore, we find that the sale dated October 16,1971 was not intended to defeat the provisions of the Andhra  Pradesh Land  Reforms (Ceiling  on  Agricultural Holdings) Act, 1973. But with regard to the lands covered by the two  agreements of  sale, in view of the judgment of the Constitution  Bench  of  this  Court  and  also  an  earlier judgment, the  lands covered under those agreements shall be included in  the holding  of the  purchaser as  well as  the owner as agreement of sale does not divest the rights in the land. The computation shall be made accordingly.      The appeal is accordingly allowed in part. No costs.